DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Housing-Federal Housing Commissioner

24 CFR Part 200

[Docket No. RÄ93Ä1630; FRÄ3210ÄFÄ03]

RIN 2502ÄAF62

Use of Materials Bulletins Used in the HUD Building Product Standards and
Certification Program

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.

ACTION: Final rule.

SUMMARY: The Department, under its Building Products Standards and
Certification Program, issues Use of Materials Bulletins to provide standards
that establish minimum acceptable qualities for certain materials and products
to be used in properties subject to mortgages insured by the Department. This
final rule adopts the following Use of Materials Bulletins: UMB 39b, Aluminum
Fenestration Products; UMB 44d, Carpet; UMB 59b, Wood Fenestration Products;
UMB 71a, Polystyrene Foam Insulation Board; UMB 72a, Carpet Cushion; UMB 82a,
Sealed Insulating Glass Units; UMB 85a, Poly (vinyl chloride) (PVC)
Fenestration Products; UMB 89, Steel Insulated Door Systems; and UMB 100,
Solar Water Heating Systems. It also references related national voluntary
consensus standards, provides a labeling and third party certification
procedure to assure that the building products used in HUD programs meet the
appropriate national voluntary consensus standards, supplements the HUD
Building Product Standards and Certification Program by requiring that
additional information be included on the label, tag, or mark that each
manufacturer would affix to a certified product, and specifies the frequency
with which products must be tested in order to be acceptable to HUD.

EFFECTIVE DATE: This final rule is effective February 1, 1994. The
incorporation by reference of certain publications listed in the regulations
is approved by the Director of the Federal Register as of February 1, 1994.

FOR FURTHER INFORMATION CONTACT: Donald Fairman, Manufactured Housing and
Regulatory Functions, Standards and Products Branch, Department of Housing and
Urban Development, room 3214, L'Enfant Plaza, 490 E, 451 Seventh Street, SW.,
Mail Room BÄ133, Washington, DC 20410Ä8000, telephone voice: (202) 755Ä7440;
(TDD) (202) 708Ä4594. (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: On April 30, 1993 the Department published in the
Federal Register (58 FR 26212) a proposed rule which would (1) Adopt the Use
of Materials Bulletins (UMs) for 39b-Aluminum Fenestration Products,
44d-Carpet, 59b-Wood Fenestration Products, 71a-Polystyrene Foam Insulation
Board, 72a-Carpet Cushion, 82a-Sealed Insulating Glass Units, 85a-Poly (vinyl
chloride) (PVC) Fenestration Products, 89ÄSteel Insulated Door Systems, and
100ÄSolar Water Heating Systems; (2) reference related national voluntary
consensus standards; (3) provide a labeling and third party certification
procedure to assure that the building products used in HUD programs meet the
appropriate national voluntary consensus standards; (4) supplement the HUD
Building Product Standards and Certification Program by requiring that
additional information be included on the label, tag, or mark that each
manufacturer would affix to a certified product; and (5) specify the frequency
with which products must be tested in order to be acceptable to HUD.

Discussion of Public Comments

Only five comments were received regarding the following UMs: 39b, 59b, 44d,
71a, 72a, 85a and 100. No comments were received regarding UMs 82a & 89.

UM 39b, 59b & 85a

A window manufacturer requested that the procedures of the National
Fenestration Rating Council (NFRC) be used in UM 39b, 59b and 85a to include
thermal values. The Department has determined that the NFRC procedures are
being changed but that the NFRC procedures would be considered at the time of
the next revision of the UMs. In addition, the Department of Energy (DOE) will
shortly provide guidance to HUD regarding the labeling of windows under a
Congressional mandate and therefore, HUD will not reference the NFRC program
until such time as a DOE policy for the labeling of windows has been
established. Therefore, no changes have been made to UM 39b, 59b, and 85a.

UM 44d

A major fiber producer objected to the carpet pile density values for
continuous and stable nylon being the same. Based on international tests and
other data which were not submitted, the fiber producer desired to lower the
amount of fiber content for carpet made from filament nylon. Since the
commenter stated they are not ready to recommend a performance evaluation
scheme and they recommend that the Carpet and Rug Institute review this
matter, the Department has decided to consider this issue at the time of the
next revision when international and national organizations will have had time
to review the test data. No significant changes have been made to UM 44d
except for editorial and spelling changes.

UM 71a

One response was received from a trade association that stated that the
proposed revision of 71a would result in higher costs to the industry,
consumers, and government agencies and have a negative impact on foreign and
domestic competition. No estimate of this impact or any other quantifiable
data was submitted. Presently, this same trade association sponsors a
certification program for polystyrene foam used with roofing products that is
more intense than the program described in UM 71a and this trade organization
has indicated that there have been no objections to the cost of their
sponsored certification program. In addition, the Department is working with
this same organization, at its request, on a similar third party certification
for polyurethane foam insulation. Based on an estimate from the third party
validation agency operating the trade association's certification program, the
increased cost per board foot of polystyrene foam due to the HUD certification
program would be less than one cent. In addition, there is no evidence that
significant amounts of polystyrene foam board, for construction purposes, is
being shipped into or out of the United States. All imported polystyrene foam,
if used in the construction of houses insured by HUD, would also have to
comply to UM 71a. Exported polystyrene foam would not have to comply to UM
71a. Finally, since this rule only applies to products used in houses insured
under the HUD mortgage program, which is less than 15% of the total housing
market, it is voluntary for the manufacturers to participate. The Department
does not consider the cost significant to insure that the products getting to
the job site comply with the referenced standard. No change to the proposed
rule has been made.

UM 72a

A testing laboratory and a trade association objected to the flammability
requirements and test methods referenced. Since the model and local building
codes set standards for the flooring system, which is composed of the carpet
and the carpet cushion, we have withdrawn the flammability reference for
carpet cushion specifically because it duplicates what is already in the
building codes. In addition, both commenters discussed the inappropriateness
of the pill and the ASTM EÄ84 Tunnel test for carpet cushion; we find their
comments persuasive. Finally, as a result of another comment by the same trade
association, we have clarified the description of the test sample by requiring
the maximum thickness of each class of cushion be tested. Thus, UM 72a has
been changed to eliminate the flammability references and to insert a
clarifying statement that "the maximum thickness of each class, commercially
available,'' shall be tested.

UM 100

Only one objection was received from a trade association which cited a new
1993 update to the existing reference standard. This update was reviewed and
found to be acceptable and the 1993 date has been added to the reference
standard.

The text of the UMs is not being produced in the final rule, because the
substance is embodied in new sections of 24 CFR part 200 set forth below.
However, copies of the UMs are available for public inspection during regular
business hours in the Standards and Products Branch, 490 East L'Enfant Plaza,
suite 3214, Washington, DC 20410, and in the Office of the Rules Docket Clerk,
Office of General Counsel, room 10276, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410Ä0500.

Regulatory Flexibility Act

The Secretary, in approving this rule for publication, certifies in accordance
with 5 U.S.C. 605(b), the Regulatory Flexibility Act, that this rule would not
have a significant economic impact on a substantial number of small entities.
These UMs would adopt standards that are nationally recognized throughout the
affected industry, and their adoption will not create a burden on
manufacturers, which are currently meeting the standards.

Executive Order 12866

This final rule was reviewed and approved by the Office of Management and
Budget under Executive Order 12866, Regulatory Planning and Review, which was
signed by the President on September 30, 1993. Any changes made to the rule as
a result of that review are a part of the public docket file in the office of
the Rules Docket Clerk listed at the beginning of this preamble.

Semiannual Agenda

This rule was listed as item 1524 in the Department's Semiannual Agenda of
Regulations published on October 25, 1993 (58 FR 56405, 56427) under Executive
Order 12866 and the Regulatory Flexibility Act.

Family Impact

The General Counsel, as the Designated Official under Executive Order 12606,
the Family, has determined that this rule does not have potential significant
impact on family formation, maintenance, and general well-being; therefore, it
is not subject to review under this order.

Federalism

The General Counsel, as the Designated Official under section 6 (a) of
Executive Order 12612, Federalism, has determined that the policies contained
in this rule would not have federalism implications and thus are not subject
to review under the order. The standards incorporated in this rule were
developed in the private sector and are expected to be used generally by the
industry nationwide. This rule will not interfere with or preempt State or
local government functions.

Incorporation by Reference

These national consensus standards have been approved by the Director of the
Federal Register for incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies of the standards are available for inspection
at the HUD Program Information Center, room 1104, 451 Seventh Street, SW.,
Washington, DC, the Office of the Federal Register, 800 North Capitol Street,
NW., 7th Floor, suite 700, Washington, DC.

List of Subjects in 24 CFR Part 200

Administrative practice and procedures, Claims, Equal employment opportunity,
Fair housing, Housing standards, Incorporation by reference, Lead poisoning,
Loan programs housing and community development, Minimum property standards,
Mortgage insurance, Organization and functions (Government agencies),
Penalties, Reporting and recordkeeping requirements, Social security,
Unemployment compensation, Wages.

Accordingly, 24 CFR part 200 is amended to read as follows:

PART 200 INTRODUCTION

1. The authority citation for 24 CFR part 200 continues to read as follows:

Authority: 12 U.S.C. 1701Ä1715zÄ18; 42 U.S.C. 3535(d).

2. Section 200.938 is revised to read as follows:

 200.938 Supplementary specific requirements under the HUD Building Product
Standards and Certification Program for Aluminum Fenestration Products.

(a) Applicable Standards. (1) All aluminum fenestration products shall be
designed, manufactured, and tested in compliance with the following American
National Standards Institute and American Architectural Manufacturers
Association standards:

      (i) ANSI/AAMA 101Ä93 Voluntary Specifications for Aluminum and Poly
(vinyl/ chloride) (PVC) Prime Windows and Glass Doors;

(ii) ANSI/AAMA 1102.7Ä89 Voluntary Specifications for Aluminum Storm Doors;

(iii) ANSI/AAMA 1002.10Ä93 Voluntary Specifications for Insulating Storm
Products for Windows and Sliding Glass Doors;

(iv) AAMA 1600Ä90 Voluntary Specification for Skylights.

(2) These standards have been approved by the Director of the Federal Register
for incorporation by reference. The standards are available from the American
Architectural Manufacturers Association, 35 East Wacker Drive, Chicago, IL
60601 or the American Material Standards Institute, Inc., 11 West 42nd Street,
New York, NY 10036. These standards are also available for inspection at the
Office of the Federal Register, 800 North Capitol Street, NW., 7th Floor,
suite 700, Washington, DC.

(b) Labeling. Under the procedures set forth in  200.935(d)(6) concerning
labeling of a product, the administrator's validation mark and the
manufacturer's certification of compliance with the applicable standards are
required to be on the certification label issued by the Administrator to the
manufacturer. Each aluminum fenestration product shall be marked as conforming
to UM 39b. The label shall be located on each aluminum fenestration product so
that it is available for inspection. The label shall include the
manufacturer's name and plant location.

(c) Periodic tests and quality assurance inspections. Under the procedure set
forth in  200.935(d)(8) concerning periodic tests and quality assurance
inspections, the frequency of testing for a product shall be described in the
specific building product certification program. In the case of aluminum
fenestration products, testing and inspection shall be conducted as follows:

(1) At least once every four years, the administrator shall visit the
manufacturer's facility to select a sample, of the maximum size commercially
available, for testing in a laboratory approved by the administrator.

(2) The administrator also shall review the quality assurance procedures twice
a year to assure that they are being followed by the manufacturer.

3. Section 200.939 is revised to read as follows:

 200.939 Supplementary specific requirements under the HUD Building Product
Standards and Certification Program for Wood Fenestration Products.

(a) Applicable standards. (1) All wood fenestration products shall be
designed, manufactured, and tested in compliance with the following National
Wood Window and Door Association standards:

(i) NWWDA Industry Standard I.S. 2Ä93 Wood Windows;

(ii) NWWDA Industry Standard I.S. 3Ä88 Wood Sliding Patio Doors.

(2) These standards have been approved by the Director of the Federal Register
for incorporation by reference. The standards are available from the National
Woodwork Manufacturers Association, 400 West Madison Street, Chicago, IL
60606. These standards are also available for inspection at the Office of the
Federal Register, 800 North Capitol Street, NW., 7th Floor, suite 700,
Washington, DC.

(b) Labeling. Under the procedures set forth in  200.935(d)(6) concerning
labeling of a product, the Administrator's validation mark and the
manufacturer's certification of compliance with the applicable standards is
required to be on the certification label issued by the Administrator to the
manufacturer. Each wood fenestration product shall be marked as conforming to
UM 59b. The label shall be located on each wood fenestration product so that
it is available for inspection. The label shall include the manufacturer's
name and plant location.

(c) Periodic tests and quality assurance inspections. Under the procedures set
forth in  200.935(d)(8) concerning periodic tests and quality assurance
inspections, the frequency of testing for a product shall be described in the
specific building product certification program. In the case of wood
fenestration products, testing and inspection shall be conducted as follows:

(1) At least once every four years, the administrator shall visit the
manufacturer's facility to select a sample, of the maximum size commercially
available, for testing in a laboratory approved by the administrator.

(2) The administrator also shall review the quality assurance procedures twice
a year to assure that they are being followed by the manufacturer.

4. Section 200.940 is revised to read as follows:

 200.940 Supplementary specific requirements under the HUD Building Product
Standards and Certification Program for Sealed Insulating Glass Units.

(a) Applicable standards. (1) All sealed insulating glass units shall be
designed, manufactured, and tested in compliance with the American Society for
Testing and Materials standard: ASTM EÄ774Ä92 Standard Specification for
Sealed Insulating Glass Units.

(2) This standard has been approved by the Director of the Federal Register
for incorporation by reference. The standard is available from the American
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
This standard is also available for inspection at the Office of the Federal
Register, 800 North Capitol Street, NW., 7th Floor, suite 700, Washington, DC.

(b) Labeling. Under the procedures set forth in  200.935(d)(6) concerning
labeling of a product, the administrator's validation mark and the
manufacturer's certification of compliance with the applicable standards are
issued by the administrator to the manufacturer. Each sealed insulating glass
unit shall be marked as conforming to UM 82a. The label shall be located on
each sealed insulating unit so that it is available for inspection. The label
shall include the manufacturer's name and plant location.

(c) Periodic tests and quality assurance inspections. Under the procedures set
forth in  200.935(d)(8) concerning periodic tests and quality assurance
inspections, the frequency of testing for a product shall be described in the
specific building product certification program. In the case of sealed
insulating glass units, testing and inspection shall be conducted as follows:

(1) At least once a year, the administrator shall visit the manufacturer's
facility to select a sample, of the maximum size commercially available, for
testing in a laboratory approved by the administrator.

(2) The administrator shall also review the quality assurance procedures twice
a year to assure that they are being followed by the manufacturer.

5. Section 200.941 is revised to read as follows:

 200.941 Supplementary specific requirements Under the HUD Building Products
Standards and Certification Program for Poly (vinyl chloride) PVC Fenestration
Products.

(a) Applicable standards. (1) All PVC plastic fenestration products shall be
designed, manufactured, and tested in compliance with the following American
National Standards Institute standard or American Society for Testing and
Materials standard:

(i) ANSI/AAMA 101Ä93 Voluntary Specifications for Aluminum and Poly (vinyl
chloride) (PVC) Prime Windows and Glass Doors; or

(ii) ASTM D 4099Ä89 Standard Specification for Poly (vinyl chloride) (PVC)
Prime Windows/Sliding Glass Doors.

(2) These standards have been approved by the Director of the Federal Register
for incorporation by reference. These standards are available from the
American National Standards Institute, 1430 Broadway, New York, NY 10018 or
the American Society for Testing and Materials, 1916 Race Street,
Philadelphia, PA 19103. These standards are also available for inspection at
the Office of the Federal Register, 800 North Capitol Street, NW., 7th Floor,
suite 700, Washington, DC.

(b) Labeling. Under the procedures set forth in  200.935(d)(6) concerning
labeling of a product, the administrator's validation mark and the
manufacturer's certification of compliance with the applicable standards are
required to be on the certification label issued by the administrator to the
manufacturer. Each PVC fenestration product shall be marked as conforming to
UM 85a. The label shall be located on each PVC fenestration product so that it
is available for inspection. The label shall include the manufacturer's name
and plant location.

(c) Periodic tests and quality assurance inspections. Under the procedures set
forth in  200.935(d)(8), concerning periodic tests and quality assurance
inspections, the frequency of testing for a product shall be described in the
specific building product certification program. In the case of PVC
fenestration products, testing and inspection shall be conducted as follows:

(1) At least once every four years, the administrator shall visit the
manufacturer's facility to select a sample, of the maximum size commercially
available, for testing in a laboratory approved by the administrator.

(2) The administrator also shall review the quality assurance procedures twice
a year to assure that they are being followed by the manufacturer.

      4. Section 200.945 is added to subpart S to read as follows:

 200.945 Supplementary specific requirements under the HUD Building Product
Standards and Certification Program for Carpet.

(a) Applicable standards. (1) All carpet shall be designed, manufactured, and
tested in compliance with the following standards from the American Society
for Testing and Materials and the American Association of Textile Chemists and
Colorists:

(i) ASTM D418Ä92 Standard Test Methods for Tuft and Yarn Length of Uncoated
Floor Coverings;

(ii) ASTM D1335Ä67 (Reapproved 1972) Standard Test Method for Tuft Bind of
Pile Floor Coverings;

(iii) ASTM D 2646Ä87 Standard Test Methods for Backing Fabrics;

(iv) ASTM D 3936Ä80 Standard Test Method for Delamination Strength of
Secondary Backing of Pile Floor Coverings;

(v) AATCC Test Method 16eÄ82 Colorfastness to Light: Water-Cooled Xenon-Arc
Lamp, Continuous Light;

(vi) AATCC Test Method 165Ä86 Colorfastness to Crocking: Carpets AATCC Crock
Meter Method;

(vii) ASTM D 3676Ä78 (Reapproved 1989) Standard Specification for Rubber
Cellular Cushion Used for Carpet or Rug Underlay;

(viii) ASTM D 3574Ä91 Standard Test Methods for Flexible Cellular Materials
Slab, Bonded and Molded Urethane Foams.

(2) These standards have been approved by the Director of the Federal Register
for incorporation by reference. The standards are available from the American
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103
and the American Association of Textile Chemists and Colorists, P.O. Box
12215, Research Triangle Park, NC 27709. These standards are also available
for inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., 7th Floor, suite 700, Washington, DC.

(b) Labeling. Under the procedures set forth in  200.935(d)(6) concerning
labeling of a product, the administrator's validation mark and the
manufacturer's certification of compliance with UM 44d are required to be on
the certification label issued by the Administrator to the manufacturer. The
label shall be placed on each carpet every six feet not less than one foot
from the edge.

(c) Periodic tests and quality assurance inspection. Under the procedure set
forth in  200.935(d)(8), testing and inspection shall be conducted as
follows:

(1) Every six months, three samples and one annual field sample of carpet
shall be submitted to the Administrator for testing in a laboratory accredited
by the National Voluntary Laboratory Accreditation Program of the U.S.
Department of Commerce.

(2) The administrator also shall review the quality assurance procedures every
six months to assure that they are being followed by the manufacturer.

5. Section 200.947 is added to subpart S to read as follows:

 200.947 Building Product Standards and Certification Program for Polystyrene
Foam Insulation Board.

(a) Applicable standards. (1) All polystyrene foam insulation board shall be
designed, manufactured, and tested in compliance with the American Society for
Testing and Materials (ASTM) standard CÄ578Ä92, Standard Specification for
Rigid, Cellular Polystyrene Thermal Insulation.

(2) This standard has been approved by the Director of the Federal Register
for incorporation by reference. The standard is available from the American
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
This standard is also available for inspection at the Office of the Federal
Register, 800 North Capitol Street, NW., 7th Floor, suite 700, Washington, DC.

(b) Labeling. Under the procedures set forth in  200.935(d)(6) concerning
labeling of a product, the administrator's certification of compliance with
the applicable standards and the type of board are required to be on the
certification label issued by the administrator to the manufacturer.

(c) Periodic tests and quality assurance inspection. Under the procedure set
forth in  200.935(d)(8), testing and inspection shall be conducted as
follows:

(1) At least every six months, the administrator shall visit the
manufacturer's facility to select a sample of each certified polystyrene foam
insulation board for testing by a laboratory approved by the administrator.

      (2) The administrator also shall review the quality assurance procedures
every six months to assure that they are being followed by the manufacturer.

6. Section 200.948 is added to subpart S to read as follows:

 200.948 Building Product Standards and Certification Program for Carpet
Cushion.

(a) Applicable standards. (1) All carpet cushion shall be designed,
manufactured, and tested in compliance with the following standards from the
American Society for Testing and Materials:

(i) ASTM D 1667Ä76 (Reapproved 1990) Standard Specification for Flexible
Cellular Materials Vinyl Chloride Polymers and Copolymers (Closed-Cell Foam);

(ii) ASTM D2646Ä87 Standard Test Methods for Backing Fabrics;

(iii) ASTM D629Ä88 Standard Test Methods for Quantitative Analysis of
Textiles;

(iv) ASTM D3574Ä91 Standard Test Methods for Flexible Cellular Materials Slab,
Bonded, and Molded Urethane Foams;

(v) ASTM D3676Ä78 Standard Specification for Rubber Cellular Cushion Used for
Carpet or Rug Underlay.

(2) These standards have been approved by the Director of the Federal Register
for incorporation by reference. The standards are available from the American
Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103. These
standards are also available for inspection at the Office of the Federal
Register, 800 North Capitol Street, NW., 7th Floor, suite 700, Washington, DC.

(b) Labeling. Under the procedures set forth in  200.935(d)(6) concerning
labeling of a product, the administrator's validation mark, the manufacturer's
certification of compliance with the applicable standards, and the type and
class all are required to be on the certification label issued by the
administrator to the manufacturer.

(c) Periodic tests and quality assurance inspection. Under the procedure set
forth in  200.935(d)(8), testing and inspection shall be conducted as
follows:

At least every six months, the administrator shall visit the manufacturer's
facility to select a sample of each certified carpet cushion for testing by a
laboratory approved by the administrator.

(2) The administrator also shall review the quality assurance procedures every
six months to assure that they are being followed by the manufacturer.

9. Section 200.949 is added to subpart S to read as follows:

 200.949 Building Product Standards and Certification Program for Exterior
Insulated Steel Door Systems.

(a) Applicable standards. (1) All Exterior Insulated Steel Door Systems shall
be designed, manufactured, and tested in compliance with the following
standards from the American Society for Testing and Materials and Insulated
Steel Door Systems Institute:

(i) ASTM A591/A591MÄ89 Standard Specification for Steel Sheet,
Electrolytic-Zinc Coated, for Light Coating Mass Applications;

(ii) ISDSIÄ100Ä90 Door Size Dimensional Standard and Assembly Tolerances for
Insulated Steel Door Systems;

(iii) ISDSIÄ101Ä83 (Reapproved 1989) Air Infiltration Performance Standard for
Insulated Steel Door Systems;

(iv) ISDSIÄ102Ä84 Installation Standard for Insulated Steel Door Systems;

(v) ISDSIÄ104Ä86 Water Penetration Performance Standard for Insulated Steel
Door Systems;

(vi) ISDSIÄ105Ä80 Test Procedure and Acceptance Criteria for Physical
Endurance for Steel Doors and Hardware Reinforcings;

(vii) ISDSIÄ106Ä80 Test Procedure and Acceptance Criteria for Prime Painted
Steel Surfaces for Steel Doors and Frames;

      (viii) ISDSIÄ107Ä80 Thermal Performance Standard for Insulated Steel
Door Systems;

(ix) ASTM F476Ä84 (Reapproved 1991) Standard Test Methods for Security of
Swinging Door Assemblies.

(2) These standards have been approved by the Director of the Federal Register
for incorporation by reference. These standards are available from the
American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA
19103 or the Insulated Steel Door Institute, 712 Lakewood Center North, 14600
Detroit Avenue, Cleveland, OH 44107. These standards are also available for
inspection at the Office of the Federal Register, 800 North Capitol Street,
NW., 7th Floor, suite 700, Washington, DC.

(b) Labeling. Under the procedures set forth in  200.935(d)(6) concerning
labeling of a product, the administrator's certification of compliance with
the applicable standards is required to be on the certification label issued
by the administrator to the manufacturer.

(c) Periodic tests and quality assurance inspection. Under the procedure set
forth in  200.935(d)(8), testing and inspection shall be conducted as
follows:

(1) At least every four years, the administrator shall visit the
manufacturer's facility to select a sample of each certified exterior
insulated steel door system for testing by an approved laboratory in
accordance with the applicable standard.

(2) The administrator also shall review the quality assurance procedures every
year to assure that they are being followed by the manufacturer.

10. Section 200.950 is added to subpart S to read as follows:

 200.950 Building Product Standards and Certification Program for Solar Water
Heating System.

(a) Applicable standards. (1) All solar water heating systems shall be
designed, manufactured, and tested in compliance with Solar Rating and
Certification Corporation (SRCC) Document OGÄ300Ä93, Operating Guidelines and
Minimum Standards for Certifying Solar Water Heating Systems: An Optional SWH
System Certification and Rating Program. Section 10 of the SRCC standard has
been omitted because it was considered proprietary, since it describes an
administrative program specifically carried out by SRCC.

(2) This standard has been approved by the Director of the Federal Register
for incorporation by reference. The standard is available from the Solar
Rating and Certification Corporation, 777 North Capitol Street, NE., suite
805, Washington, DC 20002. This standard is also available for inspection at
the Office of the Federal Register, 800 North Capitol Street, NW., 7th Floor,
suite 700, Washington, DC.

(b) Labeling. Under the procedures set forth in  200.935(d)(6) concerning
labeling of a product, the administrator's validation mark and the
manufacturer's certification of compliance with the applicable standards are
required to be on the certification label issued by the administrator to the
manufacturer. Each solar water heating system shall be marked as conforming to
UM 100. The label shall include the manufacturer's name and plant location.

(c) Periodic tests and quality assurance inspection. Under the procedure set
forth in  200.935(d)(8), testing and inspection shall be conducted as
follows:

(1) The Administrator shall visit the manufacturer's factory every two years
to assure that the initially accepted quality assurance procedures are being
followed.

(2) At least every four years, the administrator shall visit the
manufacturer's facility to select a sample of each certified solar water
heating system for testing by a laboratory approved by the administrator.

(d) Warranty. The manufacturer shall provide, at no cost, a full five-year
warranty against defects in material or workmanship, on the absorber plate,
cooling passages, and the collector (excluding any glass), running from the
date of installation of the solar water heating system. The warranty also
shall include the full costs of field inspection, parts, and labor required to
remedy the defects, and will include the cost of replacement at the site if
required. This warranty is not required to cover defects resulting from
exposure to harmful materials, fire, flood, lightning, hurricane, tornado,
hailstorms, earthquakes, or other acts of God, vandalism, explosions, harmful
chemicals or other fluids, fumes or vapors. This exclusion will apply to the
operation of the collector under excessive pressures or excessive flow rates,
misuse, abuse, negligence, accidents, alterations, falling objects or other
causes beyond the control of the manufacturer. Following the initial five
years, the manufacturer shall provide a limited no-cost five-year warranty for
collector parts on a prorata allowance basis.

Dated: December 10, 1993.

Nicolas P. Retsinas,

Assistant Secretary for Housing-Federal Housing Commissioner.

[FR Doc. 93Ä30600 Filed 12Ä21Ä93; 8:45 am]

BILLING CODE 4210Ä27ÄP